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KONKEL v. TOWN OF RAYMOND

No. 80-529.

101 Wis.2d 704 (1981)

305 N.W.2d 190

David KONKEL, Plaintiff-Respondent, v. TOWN OF RAYMOND, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided March 24, 1981.

Attorney(s) appearing for the Case

For the defendant-appellant the cause was submitted on the brief of Thompson & Coates, Ltd. of Racine.

For the plaintiff-respondent the cause was submitted on the brief of Michael J. Spector and Joseph D. Masterson of Quarles & Brady of Milwaukee.

Before Voss, P.J., Brown and Scott, JJ.

BROWN, J.

In October 1974, the Town of Raymond adopted a resolution banning the use of holding tanks for residential sewage disposal. David Konkel sought and obtained a declaratory judgment finding the resolution contrary to state legislative policy and therefore invalid. Because under the proper statutory analysis the ordinance is not preempted by state law, we reverse.

The facts are undisputed. In 1973, the plaintiff...

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